DOI: https://doi.org/10.32461/2226-3209.1.2018.179410

CRIMINALIZATION OF COMMITTING (FAILED) SUICIDE AND SOME FORMS OF INTERVENTION IN COMMITTING OF THAT: IRANIAN CRIMINAL SYSTEM

Payman Hosseinzadeh, Iraj Goldouzian

Abstract


Abstract. “Suicide” is an act in which committer (usually) terminates his/her life willfully, and deliberately. This act, in fact, is a kind of “Murder” not “Death”, in which the perpetrator, and victim is a single person. All of Islamic jurists, and lawyers believe in ban of this ac unanimously, and consider suicide as a deadly sin, but the main question is whether suicide’s marginal acts such as participation, assistance, and (indirect) causation, according to the criminal law’s rules (especially Iranian statutory), are considerable as “ crime”, and then “ punishable” or not? So, this paper tries to clarify the Iranian criminal law position on this issue, and provide justifying instruments concerned to necessity of criminalization of suicide and its marginal acts, besides to gradual, and conservative recent changes by legislator such as enacting the Article 15 (B) of cybercrimes act (2009), or Articles 295, and 379 of Islamic Penal Code (2013).

Keywords: Suicide, Sine, Crime, Haram (banned), Punishment.


Full Text:

PDF

References


Holy Quran

Aghaei Nia, Hossein (2013). Proprietary Criminal Law, Crimes against Persons (Crimes). Tehran: Mizan Publication.

Batmani, Reza. (2015). Suicide pathology, self-mutilation and degeneration. Tehran: Aryadad Publications.

Beckaria, Caesar. (1764). Treatise on Crime and Punishment. (Mohammad Ali Ardabili, 2014). Tehran: Mizan Publication.

Sharifi Khazarati, Amir. (2014). Suicide (criminology, jurisprudence and law). Tehran: Andisheh Asr Publications.

Shahri, Gholamreza; Sotoudeh Jahromi, Soroush. (1998). Theories of the Judiciary's Legal Office on Criminal Matters from 58 to 71. Tehran: Official Newspaper.

Zeraat, Abbas. (2013). Brief description of the Islamic Penal Code (approved in 2013). Tehran: Ghoghnous Publication.

Odeh, Abdul Qadir. (1403). Islamic Criminal Law. (Akbar Ghafouri, 1994). Mashhad: Astan Quds Razavi Research Foundation.

Keykha, Hassan (2016). Suicide in criminal law. Tehran: Khorsandi Publication.

Goldouzian, Iraj. (2017). Exclusive penalty rights. Tehran: Tehran University Press.

Goldouzian, Iraj. (2013). The Islamic Penal Code. Tehran: Majd Publication.

Goldouzian, Iraj. (2017). Basic criminal law requirements. Tehran: Mizan Publication.

Goldouzian, Iraj; Hosseinzadeh, Payman. (2017). Widespread in the Islamic Penal Code. Tehran: Javdaneh Publications.

Mahyar, Azar; Noohi; Sima; Shafiei, Alireza. (2006). Suicide. Tehran: Arjmand Publications.

Moradi, Hasan (2017). Proprietary Criminal Law, Crimes against Persons (Crimes). Tehran: Mizan Publication.

Validi, Mohammad Saleh. (2009). Basic criminal law requirements. Tehran: Jangal Publications.

Jafar Zadeh, Jafar; Ari, Mahmoud; Abolhosseini, Ali Akbar; Ali Tabar Firouz Jaei, Mohammad Bagher. (2017).

Proof of suicide and its place in Iran's criminal law. (Quarterly Journal of Islamic Jurisprudence and Islamic Law), thirteenth year, No. 40: Page 57 to 70.

Sarvipoor, Pegah. (2010). Investigating suicide from the point of view of criminal jurisprudence and criminal law of Iran. (Refinement), No. 89: Page 18 to 25.

Shafie Mazandarani, Seyed Mohammad. (2010). Prohibition of suicide from the point of view of Islamic jurisprudence. (Jurisprudential research), year 6, first issue: pages 39-53.

Keshvari, Pouria (2012). Certification in Iran's Criminal Law. (Proceedings), Year 16, No. 95: pp. 36 to 37.

Mohammadi, Seyed Bagher. (2003). The right to human life in Islam. (Serat), No. 13: pages 94 to 127.

Mir Mohammad Sadeghi, Hossein, Izadyar, Ali. (2015). Medical Associated Suicide: From Foundations of Crime to Criminal Response. (Medical Rights), ninth year, number thirty second: pages 161 to 205.

Mohammadi Zavieh, Masoumeh. (2011). Study of Legal - Criminological Suicide. Master's Degree in Law, Criminal Justice and Criminology, Allameh Tabataba'i University, Faculty of Law and Political Science.

Mazaheri Tehrani, Masoud. (2006). The Right to Death in Criminal Law. Master's Degree in Law, Criminal Justice and Criminology, Faculty of Law, Qom University